Spanish Courts Put The Prohibition to Dismiss Due to Coronavirus and The Employment Safeguarding Clause to The Test

On 28 March 2020, in the midst of the state of alarm in Spain, Royal Decree-Law 9/2020 of 27 March entered into force. It adopts complementary measures in the context of employment to mitigate the effects of COVID-19. These regulations include, inter alia, in Article 2, the “prohibition” to dismiss when it is due to force majeure or economic, technical, organisational or production-related causes (ETOP) governed in Articles 22 and 23 of Royal Decree-Law 8/2020 of 17 March.

This entry was posted on 2 June 2021 by Monika Bertram in Labour.

Over 50 in Spain: Will a Dismissal Be Declared Null? Companies Panicking

If you have not heard of it yet, surely you will soon: it is none other than Ruling no. 323/2020 of 18 November, handed down by Labour Court no. 33 of Madrid. From November? Yes, despite its “age,” it has been generating discussion of late due to dismissals of workers over 50. This can be summarised in two simple and terrifying words for companies: null and void.

This entry was posted on 27 May 2021 by Patricia Rivera Almagro in Labour.

Kapitalgesellschaftsgesetz Spanien

Here to Stay: Revision of the Spanish Law on Capital Stock Companies is Supposed to Lead to Complete Digitalisation of Meetings of Spanish Corporate Bodies

Some of the changes caused by the COVID-19 pandemic have come to stay. The crisis has dramatically shown us the importance of digitalisation regarding both public and private life. For companies, investing in digital technologies has proven to be a means of resilience. Following this trend, an amendment to the Spanish Law on Capital Stock Companies (Ley de Sociedades de Capital or “LSC”) is supposed to make complete digitalisation of meetings of the Spanish corporate bodies possible. This article analyses the planned legal reform and its relevance for Spanish companies.

This entry was posted on 20 May 2021 by Nadja Vietz in Corporate and M&A.